U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

- 1 Aviation Plaza 

Jamaica, NY 11434 

JAN.- 3 . 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration RECElVED 

800 Independence Avenue, S.·W. 

-Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 . 

JAN\ ·o 2012 

HEARlNG DOCKET 

ATTN: HEARING DOCKET CLERK · 

-f~ ~01~ --1.~~'1 . a bl3 -A UJA ... C ff-11 ~.31 

Re: In the Matter ofNortheastem Aviation Corp., 2012EA110030. 

Enclosed_ herein please find a copy of a request for hearing and the original and one. 

·copy of the FAA's Complaint in the above-entitled action for filing, together with. 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the New York, NY area, 

and expects that the hearing will last one (1) day. 

Please address all communications for the Federal Aviation Administration to the · 

attention of Zachary M. Berman, .Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Enclosures 

RECEIVED 

JAN 1 0 201~ 

HEARING DOCKET 
' ' 

Regional Counsel for the Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Northeastern Aviation Corp.- 2012EA110030 

Subject: Final Notice of Proposed Civil Penalty 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty Northe·astern Aviation Corp. elects to proceed as indicated by its check mark beside the numbered paragraph below: 

1. (_) Northeastern Aviation Corp. hereby submits the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will be 

issued in that amount. * North~"'m •••tloo Cocp. horeby "'""~' focm•l ''"''' lo '~"'"re with'""'" 13.16 oftho Fodornl A"'""''"'''"'" 

By sending this form to the Federal Aviation Administration, Eastern Region, Northeastern Aviation Corp. also hereby certifies that a 

copy of this form has been filed with the Hearing Docket Clerk {Hearing Docket, Federal Aviation Administration, 800 Independence 

Avenue, S.W., Room 924A, Washington, DC 20591, Attention: Hearing Docket Clerk). 

** Please note that Northeastern Aviation Corp. will not be entitled to a hearing if it files this form with the Federal Aviation Administration, Eastern Region, WITHOUT 

having filed this form or a written request for a hearing with the HEARING DOCKET CLERK. 

A TIORNEY /REPRESENTATIVE 

Name: we v..Jbf I k 

Firm: 

Address:---------

Phone No. ________ _ 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

JAN 1 0 2012-

------------~Hw=-fi~Ai\~-\N(..ll.\.o4C3 Q.OCKET I 

In the Matter of Northeastern Aviation Corp. 

' 

2012EA110030 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as· 

follows: 

I 

Respondent, Empire Flight Academy, was_ advised tln:ough a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of$5,225. On December 24, Respondent submitted a written demand for a hearing. 

II 

1. At all times relevant herein, Northeastern Aviation Corporation 

(AOYA) was the holder of Part · 135 Air Carrier On demand 

Certificate Number AOY A206C. 

2. On or about August 23, 2011, AOYA assigned a pilot, one Michael 

Kalish, to act as pilot-in-command of a Part 135 flight in a 

Gulfstream Givx aircraft, identification number N451 CM, on a flight 

from Teterboro Airport, NJ, to San Francisco, CA. 

3. In assigning Mr. Kalish to act as PIC of the above-referenced flight, 

AOYA failed to ensure that Mr. Kalish had at least 10 consecutive 
hours of rest during the 24-hour period that precedes the planned 

completion of the flight. 

4. Specifically, Mr. Kalish had only 9.5 hours of rest during the 24-

hour period that preceded the planned completion of the flighf. 

III 

By reason· of the foregoing· facts and circumstances, Respondent violated the 

following section of the Federal Aviation Regulations: 

Section 135.267(d), which states that each assignment under paragraph (b) of 

this section musf provide for at least 10 consecutive hours of rest during the 

24-hour period that precedes the planned completion time of the assignment. 

IV 

. 1. Pwsuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not 

to exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $5,225 is , 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully ~equests that the 

Administrative Law Judge ente~ an order that Respondent be assessed a civil penalty 

in the amountof$5,225. 

2 
Respectfully su~mitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ---f--+'--:-·~__;:___· _· 

Zachruy~nnan · 

Attorney 

Federal Aviation Administration 

. 1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the F_ederal Aviation Regulations (14 C.F.R. P~ut 13). 

The Rules · of Practice . provide that Respondent must file ·a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

. later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

3 
Peter Montemurro 

General Manager 

Northeastern Aviation Corp. 

8200 Republic Airport, Suite 8 

Farmingdale, NY 11735 

Federal Aviation Administration (Original. and one copy) 

800 Independence Avenue, S. W . 

. Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

. Wilbur Wright Building- Room 2014 

. "-'IF FILING BY FEDERAL EXPRESS . 

Fed~ral Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: JAN - 3. 2012 

Hooks .. ' 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

4· 
U.S. DEPARTMENT OF, TRANSPORTATION 

FEDERAL AVIATION -ADMINISTRATION 

OFFICE OF HEARINGS 

WASIITNGTON,D.C. . RECEI\l . I h M n t e atter o o fN rth ·eastern A . . vtat10n c orp. - J v ED 

2012EA110030 AN 1 0 2012 

Judge Not Assigned HEARING DOCKET· 

NOTICE OF APPEARANCE 

·Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 

C.F .R .. § 13 .204(b ), that it shall be represented in the above-stated action by the attoniey 

listed below. . All communications, notices, pleadings, or documents are respectfully 

requested to be forwarded as follows:: 

Zachary M. Berman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza · 

Jamaica, NY 11434 

Telephone: ·718 553-3258 

Facsimile: 718 9.95-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Dated: 

-3 ------
i 

CERTIFICATE OF SERVICE. 

I hereby certifY that on this day copies of the foregoing Notice of Appearance were placed 

in the United States mail, postage prepaid, Certified Mail - Return Receipt Requested 

addressed as follows: · 

Peter Montemurro 

General Manager 

Northeastern Aviation Corp .. 

8200 Republic Airport, Suite 8 

Farmingdale, NY 11735 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. · 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2014 

~IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building -Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: '>/! ~ lk L · ~~oks Paralegal Specialist 

Office ofRegional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2